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      Chapter

      Rape law and coercive circumstances
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      Chapter

      Rape law and coercive circumstances

      DOI link for Rape law and coercive circumstances

      Rape law and coercive circumstances book

      Rape law and coercive circumstances

      DOI link for Rape law and coercive circumstances

      Rape law and coercive circumstances book

      ByHelena Jokila, Johanna Niemi
      BookRape in the Nordic Countries

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      Edition 1st Edition
      First Published 2019
      Imprint Routledge
      Pages 17
      eBook ISBN 9780429467608
      OA Funder Oslo Metropolitan University
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      ABSTRACT

      The essential element of rape may be defined in two ways: either as a lack of consent or as a use of force and threat. Legal-policy discussions and feminist legal scholars have debated the strengths and weaknesses of both legislative strategies. In this chapter, we argue that, notwithstanding the choice between lack of consent and use of force, legislation must be completed with explanations about what is understood to be coercion, threat and non-consent. Using narratives from Finnish courts, we also argue that both lack of consent and use of force are insufficient legal responses to intimate partner rape connected to domestic violence and acquaintance rape, in particular among youth. Thus, we argue that rape law should be broadened to encompass acts committed under coercive conditions and should include an adequate explanation of what these conditions might be.

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